HomeMy WebLinkAbout1992-08-19; Planning Commission; Resolution 3420, . .\ e e
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 3420
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A DELICATESSEN ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF FARADAY AVENUE AND EL CAMINO REAL.
CASE NAME: DELI-UP DELICATESSEN
CASE NO: CUP 87-04x1
WHEREAS, a verified application has been filed with the City of Carlsba
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided E
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plannir
Commission did, on the 19th day of August, 1992, hold a duly noticed public hearing I
consider said application on property described as:
Parcel C of Map 1703 in the City of Carlsbad, recorded in the
County of San Diego.
WHEREAS, at said public hearing, upon hearing and considering a
testimony and arguments, if any, of all persons desiring to be heard, said Commissic
considered all factors relating to CUP 87-04x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cornmissic
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissic
APPROVES CUP 87-04x1, based on the following findings and subject to tl following conditions:
Findings:
1. That the requested use continues to be necessary or desirable for the developme:
of the community, is essentially in harmony with the various elements and
~
0 0
1
objectives of the general plan, and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the proposed use is to be located;
2
3
2. That the site for the intended use is still adequate in size and shape to
4 3. That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
accommodate the use by providing adequate setbacks;
5 neighborhood have been and will continue to be prodded and maha$ed;
6
7
4. That the street system serving the proposed use continues to be adequate to
Conditions: 8
properly handle all traffic generated by the proposed use.
9 1.
10
11
12
13
2.
14
15
16
17
18
19
20
22
21
23
All conditions of approval imposed upon CUP 87-04 as stated in Planning
Commission Resolution No. 2673 shall apply as conditions of approval for CUP 87-
04x1, except for Condition No. 4 which is replaced by Condition No. 2 of Planning
Commission Resolution No. 3420.
This conditional use permit is granted for a period of five years, August 19, 1992
to August 19,1997. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have beer
met and that the use does not have a significant detrimental impact 01:
surrounding properties or the public health and welfare. If the Planning Directo.
determines that the use has such significant adverse impacts, the Planning Directo
shall recommend that the Planning Commission, after providing the permittee thc
opportunity to be heard, add additional conditions to mitigate the significan
adverse impacts. This permit may be revoked at any time after a public hearing
if it is found that the use has a significant detrimental affect on surrounding lanc
uses and the public’s health and welfare, or the conditions imposed herein havl
not been met. This permit may be extended for a reasonable period of time no
to exceed five years upon written application of the permittee made no less thal
90 days prior to the expiration date. In granting such extension, the Plannin
Commission shall find that no substantial adverse affect on surrounding land usc
or the public’s health and welfare will result because of the continuation of tf:
permitted use. If a substantial adverse affect on surrounding land uses or tk
public’s health and welfare is found, the extension shall be considered as a
original application for a conditional use permit, There is no limit to the numb(
of extensions the Planning Commission may grant.
24
25
26
27
28
..,
...
...
PC RES0 NO. 3420 -2-
I’ !I e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir
Comrdssion of the City of Carlsbad, California, held on the 19th day of August, 1992,l
the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schram
Noble, Welshons, Savary & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
.% z-7 x
TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION
ATTEST:
\
PLANNING DIRECTOR
PC RES0 NO. 3420 -3-
II